Judgment modified, on the law, (1) by striking therefrom the second decretal paragraph and so much of the first decretal paragraph as directed that plaintiff have judgment against defendant Peter Nolfo as determined by the jury upon an assessment of damages and (2) by adding thereto a provision that as between plaintiff and defendant Peter Nolfo a new trial is granted and the action is severed. As so modified, judgment affirmed, without costs.
The questions of fact...
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